David Temkin secures successful outcome in Health and Safety case

February 24, 2017

David Temkin has successfully represented a private housebuilding company, Select Quality Homes Ltd. The company was prosecuted by the HSE for breach of Regulation 6 of the Work at Height Regulations 2005 and breach of a Prohibition Notice. The company entered guilty pleas to both offences and accepted its failure to take suitable and sufficient measures to prevent falls from scaffolding at a construction site for a new housing development.

The HSE submitted that the appropriate fine under the Sentencing Guidelines was up to £250,000. David provided detailed and cogent written submissions setting out why the court should reject the HSE’s position. He argued in court for a completely different approach to the Guidelines and was entirely successful in persuading the Judge to impose a very modest fine.

The company was fined only £6,600. This was a hugely significant result because it allowed the company to continue in business.

David was instructed by Emma Harris of Blackfords LLP.